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Emiri Decree No. (16) of 2020 On Regulating School Transport

Emiri Decree
Emiri Decree No. (16) of 2020 On Regulating School Transport We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. 21 of 1995 on Traffic, as amended and Executive Regulation thereof; And Law No. (7) of 2012 on Establishing RAK Executive Council; And Law No. 8 of 2016 on Regulating Practicing Economic Activities in Emirate of Ras Al Khaimah; And Emiri Decree No. 1 of 2008 on establishing RAK Transport Authority; And based on approval of the Executive Council; Have promulgated the following Decree: Article (1) In implementing the provisions of this Law, the following phrases and words shall have the meanings corresponding to each of them respectively, unless context otherwise indicates: State: United Arab Emirates. Emirate: Emirate of Ras Al Khaimah. Authority: RAK Transport Authority. School Bus: Any vehicle licensed or used to transport students from and to schools and nurseries. Electronic Stop Arm: Robotic arm equipped with a board on which the word “STOP” is written in Arabic & English languages and used to give alert when school bus stops for students to embark or disembark. Surveillance Cameras: are technical systems installed inside and outside school buses for control and security protection purposes. Operator: The entity which is authorized by the Authority to practice school transport activity by school buses. Driver: Person holding permit to practice the profession of school bus driver. Supervisor: Person holding permit to practice the profession of school bus supervisor. Article (2) Without prejudice to the provisions of law of regulating practicing economic activities, it is forbidden to practice school transport activity and drive school buses without permit from the Authority. Article (3) The permit term shall be one year and renewable for similar terms, provided that renewal application shall be submitted to the Authority within thirty days from the date of its expiry. In return of issuing the permits, the Authority shall collect fees determined in schedule no. (1) attached to this Decree. Article (4) The Operator shall commit to the following conditions: 1- Use buses that meet safety standards and technical specifications approved by the Authority. 2- Place bus permit clearly inside the bus. 3- Write the phrase “SCHOOL BUS” on all buses in use. 4- Provide buses with electronic stop arm and technical system for communication, navigation, tracking and surveillance cameras inside and outside the bus. 5- Commit to transport students of special needs and provide the bus with equipment and specifications that commensurate with their health status. 6- Appoint general supervisor to supervise all buses and drivers. 7- Appoint at least one supervisor for each bus. 8- Place bus permit clearly inside the bus. Article (5) Second: School bus driver shall commit to the following: 1- Use electronic stop arm and stop the bus alongside the pavement before the students embark or disembark from the bus. 2- Slow down or stop if necessary to allow students to embark and disembark from other vehicles. 3- Not to pass between school buses and pavement while students embark and disembark from the buses. 4- Cover the phrase (SCHOOL BUS) in case of using the bus to practice any other activity. 5- Wear uniform and maintain decent appearance during working hours. 6- Refrain from smoking, eating and drinking while driving. Article (6) The Authority shall undertake periodical monitoring over bus schools to ensure the commitment of the Operators and bus drivers with the conditions stipulated in this Decree and it is entitled to verify the violations committed by such operators and bus drivers with the competent authorities. Article (7) The Authority is entitled to seek the assistance of local government authorities and police in implementing the provisions of this Decree. Article (8) a- Without prejudice to any more severe punishment stipulated by any other law or decree, each person commits any of the violations stipulated in schedule no. (2) attached to this Decree, shall be punished by the fine indicated next to each of them. b- In case the same violation had been recommitted during one year, the fine stipulated in the schedule referred to in paragraph (a) of this article shall be doubled and not exceeding five thousand dirhams. c- In addition to the fine punishment referred to in the paragraphs (a) & (b) of this article, the Authority may take one or more of the following measures against the violator in coordination with the competent authorities in the Emirate. 1- Warning. 2- Suspend the permit for a period not exceeding three months. 3- Cancel the permit The Authority is entitled, upon the request of the party which permit had been cancelled, to issue new permit after elapsing of six months from the date of this cancellation. Article (9) It is permissible, by decision from Director General of the Authority, to suspend or cancel any of the permits issued by the Authority, according to the terms and controls determined by the executive regulation of this Decree. Article (10) Employees and inspectors of the Authority shall be empowered with capacity of law officers in catching acts committed in violation of provisions of this Decree and executive regulation thereof. Article (11) The proceeds of fees and fines collected by this Decree shall devolve upon the Authority’s account. Article (12) Operators and bus drivers shall regularize their status in accordance with the provisions of this Decree within a period not exceeding six months from the date of application thereof. Article (13) Any provision contradicts with the provisions of this Decree shall be cancelled. Article (14) This decree shall come into force from the date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued by us on 18 Muharam 1442 H. Corresponding to 6 September 2020 G.
  • In implementing the provisions of this Law, the following phrases and words shall have the meanings corresponding to each of them respectively, unless context otherwise indicates:
    State: United Arab Emirates. 
    Emirate:  Emirate of Ras Al Khaimah.
    Authority: RAK Transport Authority.
    School Bus: Any vehicle licensed or used to transport students from and to schools and nurseries.
    Electronic Stop Arm: Robotic arm equipped with a board on which the word “STOP” is written in Arabic & English languages and used to give alert when school bus stops for students to embark or disembark.
    Surveillance Cameras: are technical systems installed inside and outside school buses for control and security protection purposes. 
    Operator: The entity which is authorized by the Authority to practice school transport activity by school buses. 
    Driver: Person holding permit to practice the profession of school bus driver.  
    Supervisor: Person holding permit to practice the profession of school bus supervisor.  
  • Without prejudice to the provisions of law of regulating practicing economic activities, it is forbidden to practice school transport activity and drive school buses without permit from the Authority. 
  • The permit term shall be one year and renewable for similar terms, provided that renewal application shall be submitted to the Authority within thirty days from the date of its expiry.
    In return of issuing the permits, the Authority shall collect fees determined in schedule no. (1) attached to this Decree.  
  • The Operator shall commit to the following conditions: 
    1- Use buses that meet safety standards and technical specifications approved by the Authority. 
    2- Place bus permit clearly inside the bus. 
    3- Write the phrase “SCHOOL BUS” on all buses in use.
    4- Provide buses with electronic stop arm and technical system for communication, navigation, tracking and surveillance cameras inside and outside the bus. 
    5- Commit to transport students of special needs and provide the bus with equipment and specifications that commensurate with their health status.  
    6- Appoint general supervisor to supervise all buses and drivers. 
    7- Appoint at least one supervisor for each bus. 
    8- Place bus permit clearly inside the bus. 
  • Second: School bus driver shall commit to the following: 
    1- Use electronic stop arm and stop the bus alongside the pavement before the students embark or disembark from the bus.  
    2- Slow down or stop if necessary to allow students to embark and disembark from other vehicles. 
    3- Not to pass between school buses and pavement while students embark and disembark from the buses. 
    4- Cover the phrase (SCHOOL BUS) in case of using the bus to practice any other activity. 
    5- Wear uniform and maintain decent appearance during working hours.
    6- Refrain from smoking, eating and drinking while driving. 
  • The Authority shall undertake periodical monitoring over bus schools to ensure the commitment of the Operators and bus drivers with the conditions stipulated in this Decree and it is entitled to verify the violations committed by such operators and bus drivers with the competent authorities. 
  • The Authority is entitled to seek the assistance of local government authorities and police in implementing the provisions of this Decree. 
  • a- Without prejudice to any more severe punishment stipulated by any other law or decree, each person commits any of the violations stipulated in schedule no. (2) attached to this Decree, shall be punished by the fine indicated next to each of them. 
    b- In case the same violation had been recommitted during one year, the fine stipulated in the schedule referred to in paragraph (a) of this article shall be doubled and not exceeding five thousand dirhams. 
    c- In addition to the fine punishment referred to in the paragraphs (a) & (b) of this article, the Authority may take one or more of the following measures against the violator in coordination with the competent authorities in the Emirate. 
    1- Warning. 
    2- Suspend the permit for a period not exceeding three months. 
    3- Cancel the permit 
    The Authority is entitled, upon the request of the party which permit had been cancelled, to issue new permit after elapsing of six months from the date of this cancellation. 
  • It is permissible, by decision from Director General of the Authority, to suspend or cancel any of the permits issued by the Authority, according to the terms and controls determined by the executive regulation of this Decree. 
  • Employees and inspectors of the Authority shall be empowered with capacity of law officers in catching acts committed in violation of provisions of this Decree and executive regulation thereof.   
  • The proceeds of fees and fines collected by this Decree shall devolve upon the Authority’s account.
  • Operators and bus drivers shall regularize their status in accordance with the provisions of this Decree within a period not exceeding six months from the date of application thereof. 
  • Any provision contradicts with the provisions of this Decree shall be cancelled. 
  • This decree shall come into force from the date of its issuance and be published in the Official Gazette.
Classification
  • Civil Legislation
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